049-1 Wyo. Code R. § 1-5

Current through April 27, 2019

Section 1-5 - Definitions

(a) "Applicant"

• (i) "Applicant for child protection screens" is an organization or employer who applies to have a child abuse/neglect record check performed on a volunteer, a prospective employee or an employee who has or may have unsupervised access to minors, according to W.S. § 14-3-214.

• (ii) "Applicant for vulnerable adult protection screens" is any individual, nursing home, adult care facility, educational facility, service provider of adult workshop programs or home health care provider, residential program or any service provider of programs in an institution or community-based program, or any state institution who applies for a record check performed on a volunteer, a prospective employee or an employee who has or may have unsupervised access to a vulnerable adult, according to W.S. § 35-20-116.

(b) "Central Registry"

• (i) "Central Registry for child maltreatment screens" means a statewide electronic record of persons who have been the subject of a substantiated maltreatment complaint or for whom a complaint is under investigation. The record contains the findings of the child protection investigation.

• (ii) "Central Registry for vulnerable adult maltreatment screens" means a statewide electronic record of persons whom the Department has substantiated as being responsible for the maltreatment of a vulnerable adult or for whom a complaint is under investigation.

  The Central Registry is not a list of court adjudications. Substantiated findings are based upon a "preponderance of the evidence" standard. Unsubstantiated reports, cases in which the perpetrator was a minor, and low risk (per the Rules Governing Child Protective Services, December 1992) child protection cases do not remain on the Central Registry.

(c) "Child" means any person under the age of majority.

(d) "Central Registry Check" is the process of examining the Wyoming Department of Family Services' computer system upon appropriate application to determine if an individual has been involved in an incident involving maltreatment of a child or vulnerable adult and is listed as being on the Central Registry.

(e) "Department" means the State of Wyoming, Department of Family Services, also known as DFS.

(f) "Low risk" means those cases where child abuse or neglect is alleged, but investigation reveals no indication of imminent harm to the child, pre the Rules and Regulations Governing Child Protective Services (December, 1992).

(g) "Maltreatment" is defined to include abuse, neglect, exploitation and abandonment, as further defined by Wyoming Statutes and Rules and Regulations governing Child Protection Services and Adult Protection Services.

(h) "Minor Incident" is defined as a classification of abuse which does not threaten the welfare or well-being of a vulnerable adult; or neglect which does not result in the deprivation of the minimum food, shelter, clothing, supervision, physical and mental health care, or other care necessary to maintain a vulnerable adult's life or health, and does not result in a life-threatening situation.

(i) "Nationally recognized youth organization" means an organization whose main focus is to serve youth, and who is recognized, or known, in more than one state. The organization's purposes for requesting volunteer, prospective employee or current employee Central Registry record checks must be consistent with the legislative intent of protecting children or vulnerable adults. Additionally, the requesting organization shall be registered with the Better Business Bureau, the National Chamber of Commerce or the National Council of Charities, and non-profit corporations shall be registered with the Wyoming Secretary of State.

(j) "Perpetrator" is defined as a person who has a substantiated case of child abuse/neglect or adult maltreatment within the rules and policies of DFS.

(k) "Preponderance of the evidence" means the available facts when viewed in light of surrounding circumstances would cause a reasonable person to believe a child or vulnerable adult was abused, neglected, exploited or abandoned.

(l) "Prospective employee"

• (i) Means someone who has not started working for an employer. A job offer may have been proposed, and even accepted, but until the individual starts working, employment has not commenced.

• (ii) A probationary employee may be considered to be a prospective employee if an authorization of release of information was executed prior to actual employment (work done for employer), and the probation is expressly tied to a resolution of the maltreatment screening process. The authorization of release of information must have been sent to the Department within thirty (30) days from the date of authorization.

(m) "Screening of Prospective Employees and Volunteers" is the applicant's ability to use Central Registry information in determining whether to hire a prospective employee or volunteer or dismiss a current volunteer. This information may not be used to take any personnel action against a current employee.

(n) "Substantiated Report" means any report of maltreatment, made to the Department, for which it is determined, after investigation, that preponderance of the evidence of maltreatment of a child or vulnerable adult exists.

(o) "Under investigation" means any report of maltreatment, made to the Department, for which there is no finding for a period of up to six (6) months after the investigation is initiated. After six (6) months, all reports classified as "under investigation" shall be reclassified as "substantiated" or expunged from the Central Registry unless the State Agency is notified of an open criminal investigation or criminal prosecution.

(p) "Unsubstantiated report" means any report of maltreatment, made to the Department, for which it is determined, after an investigation that no preponderance of the evidence of the alleged maltreatment exists.

(q) "Volunteer" means a person who performs a service for an organization, and who does not receive compensation for that service. "Volunteer" as used in these rules and regulations, includes both prospective and current volunteers.

(r) "Vulnerable adult" means any person eighteen (18) years of age or older who is unable to manage and take care of himself or his property without assistance as a result of advanced age or physical or mental disability.

(s) "WYCAPS" is the DFS computer system for case management and the Central Registry.

049-1 Wyo. Code R. § 1-5